This High Court allowed a bail application under Section 439 CrPC in a murder and cause of death possession case. The court found no satisfactory evidence beyond the last-seen theory and granted bail on Rs. 25,000.
Released on bail in Rs.25,000 with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BA-1928-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1928 OF 2021
KUSHAPPA RUKAWWA TALWAR
)...APPLICANT
V/s.
THE STATE OF MAHARASHTRA
)...RESPONDENT
Mr.Anand Patil, Advocate for the Applicant.
Mr.H.J.Dedhia, APP for the Respondent – State.
CORAM : V. G. BISHT, J.
RESERVED ON : 17th NOVEMBER 2021
PRONOUNCED ON : 24th NOVEMBER 2021
P.C.:
1 The present application has been moved by the
applicant under Section 439 of the Code of Criminal Procedure in
Crime No.44 of 2020 registered with Police Station Kurundwad,
Kolhapur, for offences punishable under Sections 302 and 201 of
the Indian Penal Code (IPC).
AVK 1/5
BA-1928-2021.doc
2It is the case of prosecution that the applicant and
Kamlabai Basappa Mantoor (deceased for short) were acquainted
with each other and were also in love with each other. The
applicant had borrowed Rs.12,000/- from the deceased but did
not return the same and therefore, the deceased used to abuse
and threaten him. Because of this, it is alleged that on 10th
February 2020, applicant took the deceased on his motorcycle in
a sugarcane field bearing Gat No.1021 and with the help of
petticoat and scarf strangulated her to death.
3Mr.Anand Patil, learned counsel for the applicant,
submits that the whole case of prosecution is based on
circumstantial evidence. The only evidence to that effect is that
the applicant was lastly seen in the company of the deceased and
there is also recovery of motorcycle at his instance. Similarly,
panchnama of CCTV footage would show that the applicant was
seen taking the deceased on his motorcycle on 11th February
2020 though there is no other evidence to connect the applicant
with the alleged offence.
AVK 2/5
BA-1928-2021.doc
4Mr.Dedhia, learned APP, on the other hand, has also
advanced the same submissions and placed on record CCTV
footage panchnama.
5Perused the investigation papers. From the CCTV
footage panchnama it is seen that the applicant was seen taking
the deceased on his motorcycle. Then there is disclosure
statement given by the applicant under Section 27 of the Indian
Evidence Act whereby he produced the motorcycle. Lastly, there
are statements of Vilas Satpute and Aakash Vilas Satpute
recorded by the learned Judicial Magistrate, First Class,
Kurundwad, under Section 164 of the Code of Criminal
Procedure wherein they have stated in their respective
statements that they had seen the applicant and the deceased on
motorcycle on 11th February 2020. Thus, the only evidence
forthcoming is that on 11th February 2020 the applicant and the
deceased were seen in company of each other on motorcycle.
AVK 3/5
BA-1928-2021.doc
6I have also gone through the postmortem report
(page 166). The opinion as to the cause of death is “Opinion
reserved in an advanced decomposed body”. No further evidence
is forthcoming.
7Having regard to the above material, in my
considered opinion, there is no satisfactory and convincing
evidence except last seen theory to connect the applicant with
the alleged offence.
8The applicant has made out a case for bail. Hence, I
pass the following order :
ORDER
(i)The application is allowed.
(ii)Applicant – Kushappa Rukawwa Talwar shall be released on
bail in Crime No.44 of 2020 registered with Police Station
Kurundwad, Kolhapur, on his executing P.R.Bond in the sum
of Rs.25,000/- with one or two sureties in like amount.
AVK 4/5
BA-1928-2021.doc
(iii)Bail before the trial Court.
(iv)Parties to act on copy of this order duly authenticated by theSheristedar of this Court.(v)It is made clear that the observations made herein are primafacie and the trial Court shall decide the case on its own
merit, in accordance with law, uninfluenced by the
observations made in this order.
(vi)The application stands disposed off accordingly. (V. G. BISHT, J.)
ARTI
VILAS
KHATATE
Digitally signed by ARTI VILAS KHATATE Date: 2021.11.24 12:58:07 +0530
AVK 5/5
2 issues framed by the court
Whether the applicant has made out a case for bail under Section 439 CrPC given the reliance on circumstantial and last-seen evidence.
Whether the recovery of the motorcycle and CCTV footage establish a satisfactory conviction without further evidence.
2 provisions across 2 enactments
Kushappa Rukawwa Talwar
The State of Maharashtra
V. G. Bisht
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court